Third Parliament of Great Britain
Second session - begins 7/12/1711

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History of Parliament Trust

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Year published

1742

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226-261

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'Third Parliament of Great Britain: Second session - begins 7/12/1711', The History and Proceedings of the House of Commons : volume 4: 1706-1713 (1742), pp. 226-261. URL: http://www.british-history.ac.uk/report.aspx?compid=37679 Date accessed: 29 November 2014.


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Contents

The second Session of the third Parliament of Great-Britain.
The Queen's Speech to both Houses. Vote of the Commons for an Address of Thanks. ; Clause offered to be inserted. ; Rejected. The Address. Queen's Answer. A Supply voted. ; And public Accounts; Resolutions about Estimates, &c. Votes for 40,000 Seamen. ; Estimates and Accounts laid before the House. ; Order for an Estimate of the Deficiency of the South-Sea Company. ; Further Resolutions on the Supply. Ways and Means. ; The Land-Tax voted. Mr. Secretary St. John's Report, That no Footstep can be found of the Treaty, whereby the Queen is obliged to furnish 40,000 Men to act in Elanders. ; Orders for an Account of the Quotas to be furnished by the Allies. Proceedings on the Occasional Conformity-Bill. ; Petition of the Dutch and French Churches not received. ; The Bill passed. Estimates and Accounts laid before the Commons. Orders and Votes of the Commons. relating to the public Accompts. ; Deposition against the Duke of Marlborough. A Bill ordered to be brought in to repeal the Naturalization Act. Acts passed by Commission. ; The Commons adjourn to the 14th of Jan. Report of the Commissioners for the Public Accompts, about the Duke of Marlborough. His Grace's Letter of Justification. Queen's Message for a further Adjournment. Nine new Writs ordered by the Commons in the room of nine new Peers. ; Bill to repeal the Naturalization Act. Estimates and Accompts laid before the Commons. Second Message Vote of Thanks. Proceedings of the Commons against Mr. Walpole. A Speech on that Occasion. 535,332 l. 10 s. granted for the South-Sea Company. Address of Thanks. The Queen's Answer. Mr. Rob. Man ordered into the Custody of the Serjeant at Arms. A Bill to tolerate Episcopacy in Scotland, ordered to be brought in. Message from the Queen relating to the new Churches. A Bill ordered to be brought in thereupon. Resolution on Ways and Means. Debates in the House of Commons about the Duke of Marlborough. ; Resolutions against his Grace. ; Laid before the Queen. Barrier-Treaty called for. ; Bill for stating the public; Accompts ordered. ; State of the War. ; Address about Part of the 35 Millions, &c. unaccounted. ; The Barrier-Treaty laid beefore the Commons. Proceedings upon the Bill in favour of Episcopacy in Scotland. ; Mr. Castair's Petition not received. Account of the Contingencies since the Year 1705, order'd. ; As also the Treaties not yet laid before them. Amendments in the Bill to repeal the Naturalization-Act, agreed to. ; Account of Prosecutions laid before the House. ; As also Treaties between England and Holland. ; And Estimates of the Forces in Spain and Portugal; and additional Forces in Flanders and Account of Subsidies for the Year 1712. And also other Estimates. Resolution of the Commons about State of the War. The Bill in favour of Episcopacy in Scotland, sent to the Lords. ; Bill to limit the Number of Officers in the House of Commons. ; Petition of Quakers rejected. Address for the Instructions &c. about the Barrier Treaty. ; The Commons vote to stand by the Queen &c. ; And to consider of the Licentiousness of the Press. ; Papers about the Barrier Treaty laid before the House. Resolutions against the Barrier-Treaty. ; The Lord Viscount Townshend voted an Enemy to his Country. Report of Laws expired, or expiring. ; The Election of Sir Henry Bellasis declared void. Resolutions about the State of the War in Spain and Portugal. Agreed to. ; A Committee to enquire into Abuses in Musters and Hospitals. ; Account of the Pay of the Generals, &c. called for. ; Bills to prevent corrupt and irregular Elections ordered to be brought in. Sir James Wishart's Commission called for. ; Bill for the Ease of Insolvent Debtors. Resolutions against Mr. Cardonnel. And against Mr. Sweet. Treaties about the hiring of Troops called for. Account of the remaining Part of the 35 Millions, &c. accounted for. ; Resolutions about the Supply. Account about Remittances of Money called for. ; The Officers Bill sent to the Lords. ; The Barrier Treaty, &c. ordered to be printed. ; Bill to hinder the Growth of Popery ordered to be brought in. Footnotes

The second Session of the third Parliament of Great-Britain.

December 7, the Queen went to the House of Peers with the usual State, and the Commons being sent for up, and attending her Majesty, made the following Speech to both Houses:

The Queen's Speech to both Houses.

'My Lords and Gentlemen,

I Have called you together as soon as the public Affairs would permit, and I am glad that I can now tell you, that, notwithstanding the Arts of those who delight in War, both Place and Time are appointed for opening the Treaty of a General Peace.

'Our Allies (especially the States-General) whose Interest I look upon as inseparable from my own, have, by their ready Concurrence, expressed their entire Confidence in me, and I have no Reason to doubt, but that my own Subjects are assured of my particular Care of them.

'My chief Concern is, That the Protestant Religion, and the Laws and Liberties of these Nations, may be continued to you, by securing the Succession to the Crown, as it is limited by Parliament to the House of Hanover.

'I shall endeavour that, after a War which has cost so much Blood and Treasure, you may find your Interest in Trade and Commerce improved and enlarged by a Peace, with all other Advantages which a tender and affectionate Sovereign can procure a dutiful and loyal People.

'The Princes and States which have been engaged with us in this War, being by Treaties entitled to have their several Interests secured at a Peace, I will not only do my utmost to procure every one of them all reasonable Satisfaction, but I shall also unite with them in the strictest Engagements for continuing the Alliance in order to render the general Peace secure and lasting.

'The best Way to have this Treaty effectual will be to make early Provision for the Campaign; therefore I must ask of you, Gentlemen of the House of Commons, the necessary Supplies for the next Year's War; and I do most earnestly recommend to you to make such Dispatch therein as may convince our Enemies, that, if we cannot obtain a good Peace, we are prepared to carry on the War with Vigour.

'Whatever you give will be still in your own Power to apply, and I doubt not but, in a little time after the opening of the Treaty, we shall be able to judge of its Event.

'My Lords and Gentlemen,

'As I have had your cheerful Assistance for the carrying on this long and chargeable War, so I assure my self that no true Protestant, or good Subject will envy Britain or me, the Glory and Satisfaction of ending the same by a just and honourable Peace for us and all our Allies.

'Such a Peace will give new Life to our foreign Trade, and I shall do my utmost to improve that happy Opportunity to encourage our home Manufactures, which will tend to the easing of my Subjects in that excessive Charge they now lie under in maintaining the Poor, and to correct and redress such Abuses as may have crept into any part of the Administration, during so long a War.

'I cannot conclude without earnestly recommending to you all, Unanimity, and that you will carefully avoid every thing which may give occasion to the Enemy to think us a People divided among ourselves, and consequently prevent our obtaining that good Peace, of which we have such reasonable hopes and so near a View.

'I pray God direct your Consultations to this End, that, being delivered from the Hardships of War, you may become a happy and flourishing People.'

Vote of the Commons for an Address of Thanks. ; Clause offered to be inserted. ; Rejected.

The same Day, Mr. Speaker having reported the Queen's Speech to both Houses, the House Resolv'd, 'That an humble Address be presented to her Majesty, returning her Majesty the humble thanks of the House for her making the Protestant Religion, the Laws and Liberties of these Nations, and the Succession to the Crown, as limited by Parliament, to the House of Hanover, her chief Concern, and to express the Satisfaction of the House, in what her Majesty had been pleased to declare, concerning the general Peace her Majesty had in view; and also to assure her Majesty, that the House would give such Dispatch to the necessary Supplies as might enable her Majesty to carry on the War with Vigour, if a good Peace could not be obtain'd; and in the mean time, that this House would use their utmost Endeavours to preserve such an Unanimity as might give the Enemy no hopes from any Divisions among us. It was moved to insert in this Address a Clause importing, That the House did not doubt but care would be taken, that Spain and the Indies should not be left in the Hands of any Branch of the House of Bourbon; which might endanger the Safety of her Majesty's Person and Government; the Protestant Succession in the House of Hanover, and the Liberty of Europe: But, after a long Debate, the said Clause was rejected by a Majority of 232 Voices against 106.

The next Day, Colonel Byerly, from the Committee appointed to draw up the Address of Thanks to her Majesty, reported the same to the House; and the said Address being agreed to, it was, according to order, presented by the whole House, to the Queen, on Monday the 10th of December, being as follows:

The Address.

'Most gracious Sovereign, We your Majesty's most dutiful and loyal Subjects, the Commons of Great Britain, in Parliament assembled, beg leave to return our sincere and hearty Thanks for your Majesty's most gracious Speech from the Throne; wherein your Majesty, by expressing your great Care and Concern in so particular a manner, for the Protestant Religion, which, above all things, is most dear to us; for those Laws and Liberties which make us peculiarly happy above other Nations; and for the Succession of the House of Hanover, as limited by Parliament, upon which the future Security of our Religion, Laws and Liberties, depends; has given us a fresh Demonstration, that your Majesty has nothing so much at heart as the Safety and Happiness of your People.

'Having an entire Confidence in your Majesty's Wisdom and Goodness, in your Honour and Justice to your Allies, and in your particular care of your own Subjects, we cannot but express our Satisfaction in what your Majesty has been pleased to declare, of the just and honourable Peace your Majesty has in view.

'This was the end for which your Majesty entered into the War; and nothing can add more to the glory of your Reign, than, after the many unparallel'd Successes in the Course of this War, to have your Majesty conclude it with the Blessing of such a Peace; which we cannot doubt, will be rendered Secure and Lasting, by your Majesty's pursuing the wise Resolution you have taken, of entring into the strictest Engagements for continuing the Alliance to that End.

'And we presume to assure your Majesty, we will take all possible Care to preserve that Unanimity your Majesty has recommended to us, and use our utmost Endeavours to disappoint, as well the Arts and Desires of those, who, for private Views, may delight in War, as the Hopes the Enemies may have vainly entertained, of receiving Advantage from any Division among us.

'We entirely concur with your Majesty, that the best way to bring this Treaty to good Effect, is to make an early Provision for the next Campaign; for which Purpose, notwithstanding the heavy Burthens, which, during this long and expensive War, your Majesty's Subjects have undergone, we will, with the greatest Alacrity, grant such effectual and speedy Supplies, as shall enable your Majesty to carry on the War with Vigour, and convince your Enemies, if the intended Negociations should prove ineffectual, that no Amusements nor Attempts whatsoever, can alter our firm and steadfast Resolution of Supporting the best of Sovereigns in carrying on so just a War, till a safe, lasting, and honourable Peace may be procured for your Majesty and all your Allies.

Queen's Answer.

'Her Majesty's Answer was as follows:

'This very dutiful Address is what I expected from the Zeal and Loyalty of such an House of Commons.

'I return you my hearty Thanks for the Confidence you have in me. I entirely rely upon your Assurances, and you may depend upon my Affection, and Care for your Interests.'

A Supply voted. ; And public Accounts; Resolutions about Estimates, &c.

The 10th, a Motion being made for a Supply, the same was put off, till the Monday following, to be considered in a Committee of the whole House, who came to a Resolution to grant a Supply to her Majesty. The next Day this Resolution was reported, and unanimously agreed to: After which the House resolved, 'That Estimates of the Ordinary of the Navy, Land-Forces, and Office of Ordnance for Land-Service, for the Year 1712. be laid before the House; as also an Account of the particular Expences for the Ordinary of the Navy, on the several Heads thereof, for the last Year; an Account of the present Debt of the Navy, upon the respective Heads thereof, an Account of the Subsidies to her Majesty's Allies, pursuant to the respective Treaties. An Account of what Moneys have been paid into the Receipt of the Exchequer, upon the Funds granted last Year. And an Account of the present Debts of the Office of Ordnance. It was also resolved, 'That the Auditors of the Imprests, should lay before the House a Certificate, how far the Imprest-Accomptants had passed their Accompts. That the Officers of the Mint, should lay before the House an Account of the Deficiency of the Money produced by the Coinage of the Plate brought in upon the Lottery-Act of 1711, after the 14th Day of May, 1711, at such Rates and Prices, as had been agreed to by this House; That the Officers of the Mint in England, should also lay before the House, an Account of what was due to the Moneyers for recoining the Money of Scotland, and the Charges incident thereunto: And that an humble Address be presented to her Majesty, that she would be pleased to give Directions to the proper Officers to lay the said Estimates and Accompts before the House.'

Votes for 40,000 Seamen. ; Estimates and Accounts laid before the House. ; Order for an Estimate of the Deficiency of the South-Sea Company. ; Further Resolutions on the Supply.

On the 12th, the House in a Grand Committee on the Supply, resolved, '1. That forty thousand Men be employ'd for the Sea Service, for the Year 1712, including eight Thousand Marines. And, 2. That four Pounds per Man, per mensem be allowed for maintaining the said 40,000 Men for thirteen Months, including the Ordnance for Sea-Service:' Which Resolutions being the next Day reported, were agreed to by the House. The same Day, Mr. Secretary St. John reported to the House, that, pursuant to their Address, the Queen had been pleased to give Directions to the proper Officers to lay the several Estimates and Accompts therein mentioned before the House. Accordingly, Sir John Leake presented to the House the ordinary Estimate of the Navy for the Year 1712; as Mr. Peyton did an Account of the Deficiency of the Money produced by the Coinage of Plate, brought in upon the Lottery-Act for 1711, after the 14th of May 1711. And also an Account of what was due to the Moneyers for recoining the Money of Scotland, and their Charges incident thereunto: Which were referred to the Consideration of the Grand Committee of the Supply. It was ordered, at the same time, that an Estimate of the Sum, which would be wanting to make up the Sum of 568,279 l. 10 s. for the Fund of the South-Sea Company; and 8000 l. for Charges of Management of the Affairs of the said Company, amounting together to 576,279 l. 10s. for the Year commencing from Christmas 1711, be laid before the House. Then, in a grand Committee on the Supply, it was resolved, First, That 170,000 l be allowed for the Ordinary of the Navy for the Year 1712. Secondly, that 2,700 l. 5s. 3d. ½ be granted, for satisfying the Charges of recoining the Moneys of Scotland; and Thirdly, that 1,915 l. 11s. 6d. be granted to make good the Deficiency of the Moneys produced by the Coinage of Plate brought in upon the LotteryAct, after the 14th of May 1711.

Ways and Means. ; The Land-Tax voted.

These Resolutions being reported the 14th, were readily agreed to by the House: After which, in a grand Committee on Ways and Means to raise the Supply, it was resolved, 'That four Shillings in the Pound be raised in the Year 1712, upon all Lands, Tenements, Hereditaments, Rents, Pensions, Offices, and personal Estates, in that part of Great Britain called England; and that a Proportionable Cess, according to the IXth Article of the Treaty for the Union confirmed by Acts of Parliament, be laid upon that part of Great Britain called Scotland.' This Resolution was reported and agreed to the next Day, and a Bill ordered to be brought in thereupon; which was done accordingly on Monday the 17th, and had so quick a Passage through both Houses, that before the Week ended, it received the Royal Assent.

Mr. Secretary St. John's Report, That no Footstep can be found of the Treaty, whereby the Queen is obliged to furnish 40,000 Men to act in Elanders. ; Orders for an Account of the Quotas to be furnished by the Allies.

The House having on the 17th resolved to present an Address to her Majesty, That she would be pleased to give Directions, that the Treaty whereby her Majesty is obliged to furnish forty thousand Men, to Act in Conjunction with the Forces of her Majesty's Allies in the Low Countries, might be laid before the House: Mr. Secretary St. John, did, on the 20th, report to the House, that her Majesty had given Direction accordingly, and that, pursuant to such Direction, search had been made, and that no Footsteps could be found of any Convention made for that Purpose. Then the House resolved, 'That an Address be presented to her Majesty, that an Account might be laid before this House of the Quotas and Proportions of her Majesty and her Allies by Sea and Land, during the present War, including Subsidies; and what Agreements or Conventions had been made for the said Quotas and Proportions, and also how the same had been observed.'

Proceedings on the Occasional Conformity-Bill. ; Petition of the Dutch and French Churches not received. ; The Bill passed.

The 19th, the famous Occasional Conformity-Bill with the new Title, viz. A (fn. 1) Bill for preserving the Protestant Re ligion, by better securing the Church of England as by Low established; and for confirming the Toleration granted to the Protestant Dissenters, by an Act entitled, An Act for exempting their Majesty's Protestant Subjects, dissenting from the Church of England, from the Penalties of certain Laws, and for the supplying the Defects thereof; and for the further securing the Protestant Succession, by requiring the Practisers of the Law in North-Britain, to take the Oaths, and subscribe the Declaration therein mentioned, having passed the House of Lords, was sent down to the Commons, who read it immediately the first time, and gave it a second reading the next Day. On the 20th, a Petition was offered to the House on behalf of the Dutch and French Protestant Churches, praying, that they might be excepted from the Restraints laid by this Bill on English dissenting Congregations; but the Question being put, that the Petition be brought up, it passed in the Negative: After which the Commons, in a Committee of the whole House, (which that Morning was very thin) made several Amendments to the Bill. These Amendments being immediately reported and agreed to, the Bill was thereupon sent back to the House of Peers; who, the same Day, sent down a Message to the Commons to acquaint them, that they had agreed to those Amendments.

Estimates and Accounts laid before the Commons.

On the 15th, Mr. Benson, Chancellor of the Exchequer, presented to the Commons an Estimate of the 40,000 Men, to act in Conjunction with the Forces of the Allies in the Low Countries, with the Charge thereof for the Year 1712. Two Daysafter, Lieutenant-General Erle laid also before that House, an Estimate of the Charge of the Office of Ordnance, for the Year 1712. for the Land Service; and the Debts of the Office to the 30th of November, 1711. And on the 22d, Mr. Aislably, from the Commissioners of the Admiralty, presented likewise to the House an Estimate of the Debts of her Majesty's Navy, to the 30th of September last, with what thereof had and would be satisfied by the South-Sea Stock, and what remained of the said Debt on the said 30th of September, to be discharged. All which Estimates were ordered to lie upon the Table, to be perused by the Members of the House.

Orders and Votes of the Commons. relating to the public Accompts. ; Deposition against the Duke of Marlborough.

The Commons having likewise on the 15th, ordered, that the Commissioners for taking, examining and stating the public Accompts of this Kingdom, should lay before the House an Account of their Proceedings in the Execution of that Commission, as soon as conveniently they could. Mr. Lockhart, from the said Commissioners, did, on the 21st, make a Report of some Practices which they had discovered in their Examinations relating to the Affairs of the Army, which he read in his place, and afterwards delivered in at the Table, where the same was read. After this, it was ordered, 1. That the said Report be taken into Consideration upon Thursday the 17th of January next: And 2. That the Commissioners of Accompts should lay before the House the Depositions mentioned in the said Report, pursuant to this last Order, Mr. Shippen, from the said Commissioners, did, the next Day, present

1. The Deposition of Sir Solomon de Medina, Kt. proving great Sums of Money, taken by his Grace John, Duke of Marlborough, Adam Cardonnel Esq; his Grace's Secretary, and others, on account of the Contracts for supplying Bread and Bread-Waggons, to her Majesty's Forces in the Low Countries. 2. Captain William Preston's Deposition about Forage in North Britain: And the said Depositions being read, it was ordered, That the Clerk should carefully keep the said Depositions, and not let any Person have them out of his Custody; and that he should deliver Copies thereof to any of the Members of the House that desired the same. It was also ordered, That the Clerk should deliver Copies of the said report of the Commissioners, to any of the Members of the House that should desire the same.

A Bill ordered to be brought in to repeal the Naturalization Act.

A Motion being afterwards made, that Leave might be given to bring in a Bill to repeal the Act of the 7th Year of her Majesty's Reign, For the Naturalizing of foreign Protestants, the Act was read, after which, Leave was given to bring in a Bill to repeal the said Act.

Acts passed by Commission. ; The Commons adjourn to the 14th of Jan.

The Queen being at this Time somewhat indisposed, her Majesty granted a Commission under the Great-Seal, empowering the Lord-Keeper, the Lord-President of the Council, and other Lords, to give the Royal Assent to the two Bills agreed to by both Houses of Parliament, viz. the LandTax Bill, and the Act for preserving the Protestant Religion. Which their Lordships did accordingly on the 22d of December, having sent a Message to the House of Commons, by the Gentleman-Usher of the Black-Rod, to desire that House to come up to the House of Peers, to be present at the passing the said Bills. After which, the Commons returned to their House, and immediately adjourn'd to the 11th of January.

Towards the latter End of this Month, the Committee for stating the public Accompts, published their first Report, by Way of Answer to a Paper, publish'd by the Duke of Marlborough; which said Report was urged as a Reason for turning his Grace out of all his Places.

Report of the Commissioners for the Public Accompts, about the Duke of Marlborough.

In this Report, the Commissioners represented, 'That tho' they had used the utmost Application, in taking and examining the public Accompts, yet they were unprepared to offer any perfect State of the particular Branches of the Revenue to the House, but would endeavour to lay before them, after the Recess, a general Account of the Receipts and Issues of her Majesty's Exchequer for the current Year 1711, which they hoped was all, would, for the present, be expected from them, as well in regard of the Shortness of the Time they had been engaged in this Work, as of the great Variety and Extent of it. They begg'd Leave also to observe, that many of the Accompts were not yet completely brought before them; particularly those of the Army, which were very large and voluminous. But, in the Course of their Examinations relating to the Affairs of the Army, they had already discovered some Practices which they conceived highly detrimental to the Public, and such as they were obliged to report to the House.

'That in Obedience, therefore, to the Order of Tuesday the 11th of December, they here presented a State of several Facts, which, with their Circumstances and Proofs, they humbly offered to the Wisdom and Justice of the House. That the Commissioners having ground to believe, that there had been some Mismanagements in making the Contracts for the Use of the Army, they summon'd and examined Sir Solomon de Medina, the Contractor for the Bread, and BreadWaggons, in the Low-Countries, who, after expressing much Uneasiness of the Apprehensions he had of being thought an Informer, and of accusing a great Man, did depose on Oath:

'That for the Year, 1707, 1708, 1709, 1710, and 1711, he has been solely, or in Partnership, concerned in the Contracts for supplying Bread and Bread-Waggons to the Forces in the Low-Countries, in the Queen of Great-Britain's Pay, and that he gave to the Duke of Marlborough, for his own Use, on each Contract, the several Sums following, Part of which was paid at the Beginning, Part at the End of each respective Contract, in Bills or Notes, delivered by the said Deponent into the Duke's own Hand.

For the Year 1707, 66,600 Gilders.
For the Year 1708, 62,625 Gilders.
For the Year 1709, 69,578 Gilders, 15 Stivers.
For the Year 1710, 66,810 Gilders, 19 Stivers, and 8 Penings. Total 265,614 Gilders, 14 Stivers, and 8 Penings.
For the Year 1711, 21,000 Gilders, which Sum is in Part of a like Sum with those above-mentioned, intended to be paid at the End of the Contract for this Year.

'That he was obliged to allow yearly, during the Time of his being Contractor, 12 or 14 Waggons gratis to the Duke of Marlborough.

'That during the Time of his being Contractor, as aforesaid, he gave, on sealing each Contract, a Gratuity of 500 Gold-Ducats to Mr. Cardonnell, Secretary to the Duke of Marlborough.

'That for all the Money he received of Mr. Sweet, Deputy-Paymaster at Amsterdam, he was obliged to pay 1 l. per Cent. That the former Contractor, Machado, did the same, and that he acquainted the Duke of Marlborough with this Deduction of one per Cent.

'He further deposeth, That it appeared by the Accompts of Antonio Alvarez Machado, who had been a Contractor before him, and had supplied the Bread, and Bread-Waggons, to the Forces in the English-Pay for the Year 1702, 1703, 1704, 1705, and 1706; that he, the said Machado, had paid as large yearly Sums to the Duke of Marlborough, during the Time of his being Contractor, as this Deponent has since done.

'From whence (say the Commissioners) it appears, that the Duke of Marlborough has received, on account of the Bread, and Bread-Waggons, Contracts from Sir Solomon de Medina, (admitting the Sum already paid, and what is intended to be paid for this present Year 1711, to be the same with that of the preceding Year 1710) 332,425 Gilders, and 14 Stivers. From Antonio Alvarez Machado, during the five Years he was Contractor, the like Sums, which together make 664,851 Gilders, 8 Stivers, and computed at 10 Gilders 10 Stivers to the Pound Sterling, amount to 63,319 l. 3 s. 7 d.'

'Sometime after this Evidence was given by Sir Solomon de Medina, your Commissioners received a Letter from the Duke of Marlborough, by the Hands of James Craggs Esq; wherein the Duke desires your Commissioners, that when they make their Report they would lay some Facts before the Parliament in a true Light, and this Justice they think they cannot better do than in his Grace's own Words.'

Hague, November 10, 1711.

His Grace's Letter of Justification.

Gentlemen,

'Having been informed upon my Arrival here yesterday, that Sir Solomon Medins had acquainted you with my having received several Sums of Money from him, that it may make the less Impression upon you, I would lose no Time in letting you know, that this is no more than what has always been allowed as a Perquisite to the General or Commander in Chief of the Army in the Low-Countries, both before the Revolution and since; and I do assure you, at the same time, that whatever Sums I have received on that Account, have constantly been applied for the Service of the Public, in keeping secret Correspondence, and getting Intelligence of the Enemies Motions and Designs; and it has fallen so short, that I take Leave to acquaint you with another Article that has been apply'd to the same Use, and which arises from her Majesty's Warrant, whereof the inclosed is a Copy, tho' this does not properly relate to the Public Accompts, being a Free-Gift from the foreign Troops. You will have observed, by the several Establishments, that, before the late King's Death, when the Parliament voted 40,000 Men for the Quota of England in the Low-Countries, 21,612 were to be Foreigners, and the rest English; for the last they gave 10,000 l. a Year for Intelligence, and other Contingencies, without Accompt; but his Majesty being sensible, by the Experience of the last War, that this Sum would not any way answer that Service, and being unwilling to apply for any more to the Parliament, he was pleased to order, that the foreign Troops should contribute two and a half per Cent. towards it; and I being then his Ambassador and Commander in Chief abroad, he directed me to propose it to them, with an Assurance that they should have no other Stoppage made from their Pay: this they readily agreed to, and her Majesty was afterwards pleased to confirm it by her Warrant, upon my acquainting her with the Use it was intended for; and it has accordingly been applied from time to time for Intelligence and secret Service, with such Success, that, next to the Blessing of God on the Bravery of our Troops, we may, in a great measure, attribute most of the Advantages of the War in this Country to the timely and good Advices procured with the Help of this Money. And now, Gentlemen, as I have laid the whole Matter very fairly before you, and that I hope you will allow, I have served my Queen and Country with that Zeal and Faithfulness which becomes an honest Man, the Favour I am to entreat of you, is, that, when you make your Report to the Parliament, you will lay this Part before them in its true Light, so as that they may see this necessary and important Part of the War has been provided for and carried on without any other Expence to the Public than the 10,000 l. a Year; and I flatter myself, that, when the Accompts of the Army in Flanders come under your Consideration, you will be sensible the Service on this side has been carried on with all the Oeconomy and good Husbandry that was possible. I am,

Gentlemen,
Your most Obedient, Humble Servant,
MARLBOROUGH.

ANNE R.

'Right Trusty, and Right Well-beloved Cousin and Counsellor, We greet you well. Whereas, pursuant to the Direction you have received in that Behalf, you have agreed with the Persons authorised to treat with you for the taking into our Service a certain Number of foreign Troops, to act in Conjunction with the Forces of our Allies, that there be reserved Two and a half per Cent. out of all Moneys payable to, and for the said Troops, as well for their Pay and Entertainment, as on any other Account, towards defraying such extraordinary, contingent Expences relating to them, as cannot otherwise be provided for. Now, we do hereby approve and confirm all such Agreements as you have, or may hereafter make, for reserving the said Two and a half per Cent. accordingly; and do likewise hereby authorise and direct the Pay-Master General of our Forces for the Time being, or his Deputy, to make the said Deduction of Two and a half per Cent. pursuant thereunto, out of all Moneys he shall be directed to issue, for the Use of the foreign Troops in our Pay, and thereupon to pay over the same from time to time according to such Warrants, and in such Proportions as you shall direct, for which this shall be to you, and to all others whom it may concern, a sufficient Warrant and Direction. Given at our Court at St. James's, this sixth Day of July, 1702, and in the first Year of our Reign.

By her Majesty's Command, C. Hedges.

To our Right Trusty, and Right Well-beloved Cousin and Counsellor, John, Earl of Marlborough, our Ambassador Extraordinary, and Plenipotentiary to the States-General of the United-Provinces, and Captain-General of our Land-Forces.

'Your Commissioners having thought themselves obliged to recite this Letter and Warrant at large, humbly conceive it will be expected that they should make some Observations upon them: As to what therefore relates to the Evidence of Sir Solomon de Medina, his Grace has been pleased to admit it in general, but with this Distinction, that he claims the Sums received, as Perquisites to the General in the Low-Countries.

'On which your Commissioners observe, that so far as they have hitherto been capable of informing themselves in the Constitution of the Army, the great Sums, which appear to have been annually paid to the Duke, on account of these Contracts, can never be esteemed legal or warrantable Perquisites.

'For they do not find, by the strictest Enquiry they can make, that any other English General in the Low-Countries, or elsewhere, ever claimed, or received such Perquisites; but if any Instance should be produced, they humbly apprehend it will be no Justification of it, because the Public or the Troops must necessarily suffer in Proportion to every such Perquisite; and how agreeable this practice is to that Oeconomy and good Husbandry with which the Service in Flanders is said to be carried on, remains yet to be explained. By the Assurance his Grace is pleased to give, that this Money has been constantly employed for the Service of the Public, it must be either allowed, that he relinquishes his Right to this pretended Perquisite, or that he has been wanting to himself in concealing so great an Instance of his own Generosity to the Public.

'The great Caution and Secrecy with which this Money was constantly received, gives Reason to suspect that it was not thought a justifiable Perquisite, for Mr. Cardonnel the Duke's Secretary, and Auditor of the Bread-Accompt, has declared on Oath, that he never knew or heard of any such Perquisite, 'till the late Rumour of Sir Solomon de Medina's Evidence before your Commissioners. By the Contracts for Bread, and Bread-Waggons, the General appears to be the sole Check on the Contractors; he is to take care that the Terms of the Contractors are duly performed; he is to judge of all Deductions to be made from, and Allowance to the Contractors; and whether, in such Circumstances, he can receive any Gratuity, or Perquisite from the Contractors, without a Breach of his Trust, your Commissioners presume not to determine. The General may with equal Reason claim a Perquisite for every other Contract relating to the Army, as for these of the Bread, and Bread-Waggons; but his Grace being silent as to this, your Commissioners ought to suppose he has not received any such Allowance, unless they shall understand otherwise when they come to examine into those Contracts, which hitherto they have not been able to do, by reason the Contractors are Foreigners, and constantly reside in Holland.

'As to what his Grace is pleased to say in the second Part of his Letter, concerning the Deduction of Two and a half per Cent. from the foreign Troops in her Majesty's Pay, your Commissioners can only offer such Remarks as occur to them, on comparing what is urged in the Duke's Letter, with the Tenour of the Warrant, and with the Method of Accounting for other Payments to the Army. Your Commissioners in the first place take leave to observe, that this Warrant has been kept dormant for nine Years, and the Deduction concealed so long from the Knowledge of the Parliament; for which, in their humble Apprehension, his Grace has not assigned sufficient Reasons.

'He is pleased to say, that this Two and a half per Cent. is a free Gift from the foreign Troops, and that it does not belong to the public Accompts. But the first of these Assertions seems inconsistent, not only with the Words of the Warrant, which supposes and expresses an Agreement, but with that Part of his Grace's Letter which takes notice, that he being Ambassador and General, stipulated for this very Stoppage by the late King's Order. Your Commissioners therefore must be of Opinion, that a Deduction so made is public Money, and ought to be accounted for in the same Manner as other public Money is.

'His Grace is further pleased to observe, that the 10,000 l. granted yearly for the Contingencies of the Army, is without Account, and for the Use of the British-Forces only; whereas this Money was at first intended by Parliament, as your Commissioners with great Submission apprehend, for the Service of the 40,000 Men, without Distinction. And they find it is so far from having always been thought exempt from Accompt, that in a Privy-Seal dated the 5th Day of March, 1706, for passing Mr. Fox's Accompts, there is a Clause to release and discharge the Duke of Marlborough, his Heirs, Executors, and Administrators, from a Sum of 7,499 l. 19 s. 10 d. Part of this Money, which supposes his Grace would otherwise have been accountable for it. But your Commissioners do not here meet with any Mention of this Deduction of Two and a half per Cent. and must therefore presume, the Reason why it has never been brought to an Accompt, is what his Grace is pleased to suggest, that he never considered it as public Money.

'Your Commissioners must submit it to the House, whether the Warrant produced to justify this Deduction be legal, and duly counter-signed; or whether admitting it to be so, either the Stoppage, or the Payment of it has been regularly made.

'The Warrant directs, that it should be stopt in the Hands of the Paymaster, or his Deputy, and issued thence by the Duke's Order only: But this Method does not appear by the Paymaster's Accompts to have been at all pursued, so far otherwise, that the Payments to the foreign Troops are always made compleat, and their Receipts always taken in full, without any Notice of this Deduction.

'When any Part of the above-mentioned 10,000 l. Contingent-Money is drawn out of the Paymaster's Hands for any Secret-Service, the General's Warrant, and the Secretary's Receipts, are the Paymaster's Vouchers: But Mr. Cardonnel, as he declares on Oath, never gave any Receipt for any Part of this Two and a half per Cent. nor did Mr. Bridges, as he also declares on Oath, ever see any Warrant for that Purpose, or knew any thing, as Paymaster-General of this Deduction.

'If Mr. Sweet, at Amsterdam, has taken upon himself to transact the Disposition of this Two and a half per Cent with the Duke of Marlborough, your Commissioners are humbly of Opinion, that he ought to have transmitted constant Accompts of it to Mr. Bridges, whose Agent he only is, and not to have negociated so large Sums of public Money in so clandestine a Manner.

'By the Warrant this Deduction is reserved for the defraying extraordinary contingent Expences of the Troops, from whom it is stopped: And if the Whole has been employ'd in secret Correspondence and Intelligence, there must have been some Neglect of the other Services for which it was originally designed; and such a Disposition being in no sort authorized by the Warrant, is a Misapplication of it. Besides, your Commissioners apprehend, that the Article for Secret Service, to which this Deduction is pretended to have been applied, was always included in the 10,000 l abovementioned for the Contingencies of the Army; and, if so, the Whole remains to be accounted for; which, on a Computation made from the whole Sum of eleven Millions, two hundred, ninety four thousand, six hundred and fifty nine Pounds, four Shillings and a Penny Half-penny, paid per Britain to, and for all the foreign Forces since the 13th of December 1701, (according to the Returns of the Auditor and Paymaster) amounts to 282,366 l. 9s. 7d.

'On a Computation made from the Sum of 7,107,873 l. 18 s. 11 d. 2 q. paid to and for the foreign Forces since the Time aforesaid, (exclusive of Italy, Spain, and Portugal) amounts to 177,695 l. 17 s. 3 q.

'Your Commissioners humbly lay before you some Facts relating to the Forage-Contracts, (for the Troops in NorthBritain) made by Robert Walpole Esq; late Secretary of War, pursuant to a Power given him by Sidney Earl of Godolphin, then Lord High-Treasurer of Great-Britain.

'By the Rate allowed in these Contracts, it appearing that her Majesty had been put to an extraordinary Expence above the Pay of the Soldiers, your Commissioners thought it their Duty to enquire, whether, in this Part of the Service, sufficient Care had been taken to procure the most advantageous Terms for the Public; and being informed that John Montgomery Esq; was concerned in these Contracts, they examined him, and he declared upon Oath, That Colonel George Douglas, and himself, were assumed Partners with Sir Samuel Macklellan, and Mr. John Campbell, in the Contract made by Mr. Walpole to provide Forage from the middle of May, 1709, to May 1710, for all the Troops in North-Britain at 3 d. an Horse for green, and 9 d. for dry Forage, each 24 Hours.

'That the said Colonel George Douglas, and he the said Mr. Montgomery, were also assumed Partners with Mr. John Campbell in a subsequent Contract, commencing in May, 1710, and ending in May, 1711, made likewise by Mr. Walpole, and at the same Rates with the former.

'That the first of these Contracts was made by Mr. Walpole in London, with Sir Samuel Macklellan, who before he went into Scotland told the said Montgomery, that Mr. Walpole, in making the Contract, reserved a Share for a Friend of his, who was to have a Benefit of the fifth Part if not redeemed by the Contractors with a Sum of Money; and Sir Samuel soon after, on his Death-Bed at Edinburgh, declared the same. Whereupon Col. Douglass, and Mr. John Campbell, directed him the said Montgomery to pay 500 Guineas to Mr. Walpole, or Order, and the said Montgomery afterwards paid the Sum of 500 Guineas to one Mr. Man (Mr. Walpole's Agent) who gave him up the Note, with the Receipt on the back of it, sign'd by Mr. Walpole.

'That the second Contract was made by Mr. Walpole, with Mr. John Campbell, who thereupon directed the said Montgomery to give a Note for 500 Guineas, or Pounds, (he could not remember) which to Mr. Walpole, which he accordingly did, and made it payable to Mr. Walpole, or Order, and delivered it into his own Hands.

'This second Note was left with the said Mr. Man, of which the said Montgomery hath paid about 400 l.

'He further declared upon Oath, that two hundred Guineas were given by the Contractors to Sir David Dalrymple, in Consideration that his Son-in-Law, Sir Alexander Murray was proposed; but not admitted to be a Partner in the first Contract.

'That the Earl of Leven, Commander in Chief of her Majesty's Forces in North-Britain, had a hundred Guineas each Year from the Contractors for regulating the Quarters of the Troops.

'That one hundred Pounds a Year were paid to Mr. Merril, Deputy to Mr. How, for receiving the Queen's Bounty-Money, and keeping an Accompt of it between the Queen and the Officers.

'That the said Mr. Montgomery gave a Note for fifty Pound to Mr. Taylor, Chief Clerk to Mr. Walpole, which is not yet paid.

'Your Commissioners cannot exactly state the Loss, the Public has sustained by these Contracts, but find that if the Forage had been furnished in the Years 1709, and 1710, at the Rates settled by the Contract for the present Year, there had been saved to the Government more than nine Thousand five Hundred Pounds, which is near a fourth Part of the whole Charge.

'They do not apprehend that this Difference has risen altogether from the Scarcity of Forage in the two last Years:

'For Captain William Preston, of Colonel Ker's Regiment, had declared before them on Oath, that he agreed with the Contractors to furnish green Forage for his own Troop in those Years at two Pence Halfpenny an Horse for twenty four Hours (which cost the Government three Pence Halfpenny) with an Addition only of seven Pounds each Year for providing extraordinary Forage for the Officers Horses belonging to that Troop, and that the Contractors assured him, they had made the same Agreement with other Officers, concluding, that how far these Practices had been injurious to the Public was humbly submitted to the Consideration of the House.'

The Court having yet no News of the opening of the Congress, (at Utrecht,) Councils were held on Saturday and Sunday the 12th and 13th of January, in which it was debated whether the Parliament should be desired further to adjourn themselves? And it being carried for the latter, the following Message was, on the 14th, sent to both Houses.

Queen's Message for a further Adjournment.

'ANNE R

'Her Majesty was fully determined to have been personally present in Parliament this Day, but, being prevented by a sudden Return of the Gout, her Majesty, in hopes she may, by the blessing of God, be able to speak to both her Houses of Parliament, on Tuesday next, desires this House may forthwith adjourn itself to Tuesday next the 17th of this Instant January.'

Nine new Writs ordered by the Commons in the room of nine new Peers. ; Bill to repeal the Naturalization Act.

Both Houses readily complied with this Message: But, before the same was by Mr. Secretary St. John delivered to the Commons, they ordered their Speaker to issue out his Warrants to the Clerk of the Crown to make out nine new Writs for the Electing as many Members called up to the House of Peers, viz. Allen Bathurst Esq; Charles Lord Bruce, James Lord Compton, Sir Thomas Willoughby Bart. Samuel Masham Esq; Henry Pagett Esq; Sir Thomas Mansel Bart. Thomas Lord Windsor, and Thomas Foley Esq; The same Day, Mr. Finch presented to the House a Bill to repeal the Act for naturalizing foreign Protestants; which was read the first time, and ordered a second Reading.

Estimates and Accompts laid before the Commons.

The 17th, there were laid before the Commons, First, An Account of what Moneys had been paid into the Receipt of her Majesty's Exchequer, upon the Funds granted the last Year: Secondly, An Estimate of the Sums wanting to make up the Sum of 576,279 l. 10 s. payable to the South-Sea Company, for the Year commencing from Christmas 1711. And, Thirdly, an Estimate of her Majesty's Guards, Garrisons and Land-Forces, in Great-Britain, Jersey, Guernsey, and the Plantations, and for Sea-Service with the Charge thereof for the Year 1712. After which the Bill for repealing the Naturalization-Act, was read the second time, and committed to a Committee of the whole House.

It was that morning doubted, whether the Queen would, that Day go to the House of Peers: But about eleven a Clock, it was publicly known, that her Majesty being still indisposed, she had resolved to send another Message to both Houses. Accordingly about Noon, Mr. Secretary St. John delivered to the Commons the following Paper:

Second Message

ANNE R.

'I. Her Majesty not having recovered Strength enough, since the Return of the Gout, to be present this Day in Person, and being unwilling that the public Business should receive any Delay, thinks fit to communicate to this House the Substance of what she intended to have spoke.

'II. At the opening of this Session, her Majesty acquainted her Parliament, that both Time, and Place were appointed for the meeting of the Plenipotentiaries of all the Confederates to treat with those of the Enemy concerning a general Peace; and also expressed the Care which she intended to take of all her Allies, and the strict Union in which she proposed to join with them, in order to obtain a good Peace, and to guaranty and support it when obtained.

'III. Her Majesty can now tell you, that her Plenipotentiaries are arrived at Utrecht, and have begun, in pursuance of their Instructions, to concert the most proper Ways of procuring a just Satisfaction to all in Alliance with her, according to their several Treaties, and particularly with relation to Spain and the West-Indies.

'IV. You may depend on her Majesty's communicating to her Parliament the Terms of Peace, before the same shall be concluded.

'V. The World will now see, how groundless those Reports are, which have been spread abroad by Men of evil Intentions to serve the worst Designs, as if a separate Peace had been treated, for which there has not been the least Colour given.

'VI. Her Majesty's Ministers have Directions to propose, that a Day may be fixed for the finishing, as was done for the Commencement of this Treaty, and in the mean time, all the Preparations are hastening for an early Campaign.

'VII. The Zeal which this House has already expressed, is a sure Pledge that they will proceed in giving the necessary Dispatch to the Supplies which have been asked of them.

'VIII. Her Majesty finds it necessary to observe, how great Licence is taken in publishing false and scandalous Libels, such as are a Reproach to any Government. This Evil seems to be grown too strong for the Laws now in force; it is therefore recommended to you to find a Remedy equal to the Mischief.' St. James's, 17 January 1711.

Vote of Thanks.

Upon the reading of this Message, the Commons resolved, Nemine Contradicente, 'That an humble Address be made to her Majesty, returning her Majesty the humble Thanks of this House for her most gracious Message, especially for her great Goodness and Condescension in promising to communicate to her Parliament the Terms of Peace before the same shall be concluded; whereby those groundless and seditious Reports must be silenced, which have been industriously spread abroad, to the Dishonour of her Majesty, and to serve Designs, which the Authors of them have not dared publicly to own: And to assure her Majesty, That her Approbation of the Zeal which this House has already shewn, will oblige them to continue their best Endeavours, in giving the necessary Dispatch to the Supplies. And that this House will take the most effectual Course to put a stop to the publishing those false and seditious Libels, which have exposed her Majesty's Government to Danger and Reproach. And a Committee was appointed to draw up an Address upon the said Resolution.'

Proceedings of the Commons against Mr. Walpole.

This done, Mr. Lockhart acquainted the House (from the Commissioners for taking, examining, and stating the public Accompts) That Mr. Walpole had, the Monday before, brought Mr. Man to the said Commissioners, with an Affidavit ready prepared, and desired he might be sworn to it: And that the Commissioners did swear him to the same; and afterwards examined him themselves, and took his Answer in writing: And that the Commissioners had directed him to present to the House, the Deposition of Mr. Robert Man, proving, that he is Agent to Robert Walpole Esq; and that he has received several Sums of Money on account of two Contracts, for Foraging the Troops in North-Britain; and also the Deposition of Mr. Robert Man. And he presented the same to the House accordingly: And the Titles of the said several Depositions were read.

Then the Order of the Day was read, for taking into Consideration the Report from the said Commissioners the 21st of December last: Whereupon the House proceeded to take into Consideration that part of the said Report which relates to the Contracts for Forage in North-Britain: And the same was read, as were also several Depositions of Mr. Man. And Mr. John Montgomery was called in, and examined: And the two Notes mentioned in the Report, and several Receipts for Moneys paid by Mr. Montgomery to Mr. Man, were delivered in, and read; and then Mr. Montgomery withdrew. Mr. Walpole was likewise heard in his Place; and being withdrawn, there arose a very warm Debate, which lasted till past ten at Night; when the House came to these Resolutions, viz.

'1. That Robert Walpole Esq; (a Member of this House) in receiving the Sum of 500 Guineas, and in taking a Note for 500 l. more, on account of two Contracts, for Forage of her Majesty's Troops, quartered in North Britain, made by him when Secretary at War, pursuant to a Power granted to him by the late Lord Treasurer, is guilty of a high Breach of Trust, and notorious Corruption.

'2. That the said Robert Walpole Esq; be for the said Offence committed Prisoner to the Tower of London, during the Pleasure of this House; and that Mr. Speaker do issue his Warrant accordingly.'

Then a Motion being made and the Question put, That the House should adjourn, it passed in the Negative; and after a small Debate it was resolved (tho' by a small Majority of about 30 Voices) 'That the said Robert Walpole Esq; be for the said Offence also expelled the House, and that the Report of the Commissioners of public Accompts be taken into farther Consideration that Day se'nnight.'

According to these Resolutions, Mr. Walpole surrendered himself the next Morning Prisoner to the Tower; and a Speech made against him, on that Occasion, was a Day or two after printed as follows.

A Speech on that Occasion.

'Sir, I see how late it is, and therefore will take up but little of your Time in supporting the Motion that is made you, which I think in Justice to ourselves, and that Trust the Country has reposed in us, is yet necessary to make the Proceedings of this Day complete, and give that Satisfaction to the Nation, which, I am satisfy'd, is expected from us in this Affair.

'Sir, we have been to-day, and are yet sitting in Judgment upon no less a Crime than notorious Corruption in the executing an Office of Trust; which is certainly a Practice not only the most vile and detestable in itself, but the most pernicious, and (except-Treason) the most destructive to every Constitution or Government, wherever it prevails. And as the Crime itself is of the worst sort that can be in any Government, so I cannot help observing to you, that, in the Instance you have had to-day before you, there are some Circumstances which make this the worst even of that sort of any that are yet upon your Journals. In every other Instance that I can find there, 'tis plain 'twas the Profit that tempted and prevailed upon the Party to commit the Crime: But this Gentleman, if we would believe his own, and his Evidence's Confession, has done it only to gratify the Prodigality of his Humour, and give an extraordinary Bounty to a Creature of his own. Or if we take it t'other way (which I own is my belief) that the Profit was to himself, 'tis still the most extraordinary Case that appears there: For, in all other Instances of Fraud, what the Nation lost, the Party got: But in this, for every hundred Pounds of public Money, which he was to get for making this Contract, it has cost the Nation, as it stands computed upon your Report, very near a Thousand. So that I leave the Fact, which being of the worst sort (except Treason) that can be; and this Instance, with being the worst of that sort (except what yet lies upon your Table) that has ever yet appeared before this House.

'Sir, I am sorry to observe both from this Instance that has been proved before you to-day, and from others that lie upon your Table, besides what future Discoveries we may reasonably expect from the Industry and Integrity, the Constancy and Courage of those Gentlemen, you have so happily chose to be your Commissioners of Accompts; that this Canker has not only taken very deep Root among some, but I believe we shall find it hath spread itself almost thro' every Part of the late Administration; therefore, Sir, I hope your Judgment in this Case will be such, as all good Judgment ought to be, wherein the punishing of the Offender, whether it be more or less, is not so much to be regarded, as that it may be such, as may sufficiently deter others from daring to commit the like Practices hereafter.

'Sir, you have already sent the Person that you have found guilty of this foul Crime to the Tower, and some Gentlemen say (tho' I can hardly believe them) they think it punishment sufficient: I am so far from thinking that a Punishment adequate to the Crime, that I am afraid that all that is in the Power of this House to do, will not be sufficient to put the inveterate and radicated Mischief from amongst us; and as I said before, 'tis the remedying of the Evil, not the Punishment of the Man, which we ought chiefly to regard.

'For Sir, 'tis very plain from the many Instances which you have upon your Journals, that abundantly less Crimes have been punished both by Imprisonment, and what you are now moved for, Expulsion; and yet the united Force of these Punishments (which I think is the most this House can do) have been so far from being able to remedy the Evil, that it has increased upon us.

'As to what you have already done, I own, Sir, I think Confinement of any sort very grievous to a generous Mind: But, Sir, there are confident Tempers in the World, that, instead of standing corrected, can glory in their Punishments, be they of what sort they will. We all know an Instance, where an Hymn has been made even to the Pillory itself, by the Wretch that was just come out of it, I hope your Member is not so low as that Fellow; but give me leave to say, I expect to see such a Parade made, and such a Countenance shewed him in his Prison, by some sort of Persons, who would be glad, for their own sakes, to screen the Foulness of the Crime, as well as the Person convicted of it, that I am afraid that Part of your Judgment will not sit so heavy upon him as it ought to do. Your worthy Member Sir Peter King says, he as much deserves to be hanged as these two Punishments; I do not much differ from that worthy Gentleman: For I think a Man that is in Posts of near five thousand Pounds a Year, and cannot be content with that, but must commit such Practices as these are, deserves little less; but I am sensible how late it is, therefore, &c.'

535,332 l. 10 s. granted for the South-Sea Company.

The 18th, (fn. 2) the House, in a grand Committee on the Supply, Resolved, That the Sum of 535,332 l. 10s. be granted to make good (for Services of the Navy) the like Sum, which, in the Year commencing from Christmas 1711, is to be paid by the Treasurer of the said Navy, to the South-Sea Company, to compleat the Sum of 576,279 l. 10 s. whereof 568,279 l. 10 s. for the Fund of the said Company, and 8000 l. for Charges of managing the Affairs of the same, for that Year. After this Sir Gilbert Dolben, from the Committee appointed to draw up the Address of Thanks to her Majesty, reported the same; which, with an Amendment, was agreed to, as follows:

Address of Thanks.

'Most gracious Sovereign, We your Majesty's most dutiful and loyal Subjects, the Commons of Great-Britain in Parliament assembled, appear before your Majesty with the greatest Satisfaction, to return our most humble Thanks for your Majesty's most gracious Message.

'Your Majesty has, on all Occasions, shewn such a Tenderness and Regard to the Welfare of your People, and such a generous and disinterested Concern for the Support and Advantage of your Allies, in so many Instances, during the Prosecution of the present War, that we have no reason to doubt your Majesty's Care of both in a Treaty of Peace; and that the most proper Ways will be concerted, of procuring a just Satisfaction to all in Alliance with your Majesty, according to several Treaties, and particularly, with relation to Spain and the West-Indies. However, we think ourselves obliged, with the greatest Gratitude, to acknowledge your Majesty's Goodness and Condescension, in promising to communicate to your Parliament the Terms for a general Peace before the same shall be concluded: And this, if any thing can, must entirely silence those seditious Reports that have been industriously and maliciously spread abroad, to the Dishonour of your Majesty, That a separate Peace has been treated; which can have been raised only by some factious Incendiaries, who, to cover their own Disaffection to the present Establishment and Administration, and such Designs as they have not dared publickly to own, endeavour to distract your Subjects with unreasonable and groundless Distrusts and Jealousies.

'Your Majesty's Approbation of the Zeal your faithful Commons have already expressed, for raising the necessary Supplies, will engage them to continue their Application, and to give all possible Dispatch thereunto.

'We are very sensible how much the Liberty of the Press is abused by turning it into such a Licentiousness as is a just Reproach to the Nation, since not only false and scandalous Libels are printed and published against your Majesty's Government, but the most horrid Blasphemies against God and Religion. And we beg Leave humbly to assure your Majesty, that we will do our utmost to find out a Remedy equal to this Mischief, and that may effectually cure it.'

The House, in a Body, having on Monday the 21st waited on the Queen at St. James's with their Address, according to her Majesty's Appointment, she return'd to them the following Answer:

The Queen's Answer.

'I have received so many Proofs of the Loyalty of this House of Commons, and of their Love of their Country, that the best Answer which I can return to their most dutiful Address, is to give you my hearty Thanks for it, and to repeat not only that good Opinion which I have of my Commons, but also my Assurances, that the Confidence you place in me shall be answered by my utmost Endeavours to promote the Safety and Advantage of all my Subjects.'

Mr. Rob. Man ordered into the Custody of the Serjeant at Arms.

Two days before, the House had agreed to the Resolutions taken the 18th, in the grand Committee about the Supply; after which Mr. Lockhart, from the Commissioners of public Accompts, acquainted the House, That when Mr. Robert Man attended them on Jan. 14. before, they directed him to bring to them the second Note, in his Depositions, mentioned to be given by Mr. Montgomery to Mr. Walpole; and that, upon his attending them the next day, he refused to deliver a Copy of the said Note, or to be examined, or to do any thing more, than what he had done before; saying, He was so advised by Counsel: Whereupon the House, ordered, That the said Mr. Robert Man, for having contemptuously refused to be farther examined before the Commissioners of Accompts, be taken into the Custody of the Serjeant at Arms attending the House.

A Bill to tolerate Episcopacy in Scotland, ordered to be brought in.

On the 21st, upon a Motion made in the House of Commons for reading the Act of the first Parliament of his late Majesty King William in Scotland, passed the 29th of June, 1695, entitled, An Act against Irregular Baptisms and Marriages, the same was read accordingly; after which a Bill was ordered to be brought in to prevent the disturbing those of the episcopal Communion, in that Part of Great-Britain called Scotland, in the Exercise of their religious Worship, and in the Use of the Liturgy of the Church of England, and for Repealing an Act passed in the Parliament of Scotland; entitled, An Act against irregular Baptisms and Marriages. After this, Mr. Secretary St. John delivered to the House the following Message from her Majesty:

Message from the Queen relating to the new Churches.

'ANNE R.

'Her Majesty thinks fit to inform the House, that in Pursuance of an Act, entitled, An Act for granting to her Majesty several Duties on Coals, for building fifty new Churches in and about the Cities of London and Westminster, and Suburbs thereof, and other Purposes therein mentioned, she issued out her Commission under the Great-Seal of Great-Britain, authorizing several Persons to execute the Powers therein mentioned; that her Majesty finding, by the Report of the Commissioners, that they have not been able, within the Time limited, fully to answer the Purposes of the said Commission, earnestly recommends to her Parliament, that the Time may be enlarged for effecting this Work, and such farther Powers may be given, as shall appear necessary to render her Majesty's pious Intentions more effectual.'

A Bill ordered to be brought in thereupon.

Hereupon it was ordered, and resolved, That the Duplicate of the Report presented to the Queen by the said Commissioners, and her Majesty's gracious Message be taken into Consideration the next Day, which was done accordingly; and thereupon a Bill was ordered to be brought in, For enlarging the Time given to the Commissioners appointed by her Majesty, pursuant to an Act, entitled, An Act for granting to her Majesty, several Duties on Coals, for building fifty new Churches in, and about the Cities of London and Westminster, and Suburbs thereof, and other Purposes therein mentioned; and also for giving the said Commissioners farther Powers for better effecting the Purposes in the said Act mentioned'

Resolution on Ways and Means.

The same day, upon the Speaker's reporting the Queen's Answer to the Address of the House, presented the Day before, it was resolved, That the humble Thanks of the House be returned to her Majesty for the said Answer; by such Members of the House as are of her Majesty's most honourable Privy Council. The same day likewise the Bill to repeal An Act for naturalizing foreign Protestants, was read the third time, passed, and sent up to the Lords: And then in a grand Committee on Ways and Means for raising the Supply, it was Resolved, 1st, That the Duties on Malt, Mum, Cyder and Perry, be further continued from the 23d of June 1712, to the 24th of June 1713. 2dy, That 1915 l. 11 s. 6 d. out of the Coinage-Duty appropriated for the Use of the Mint, be apply'd to make good the Deficiency of the Money produced by the Coinage of Plate brought in upon the late Lottery-Act, after the 14th of May 1711. 3dly, That 2700 l. 5s. 3d. out of the Coinage-Duty appropriated for the Use of the Mint, be apply'd for satisfying the Charges of Re-coining the Moneys of Scotland: Which Resolutions were on the 23d of January reported, and, with an Amendment to one of them, agreed to; and a Bill was ordered to be brought in thereupon: after which the Commons, in a grand Committee, considered further of the Supply. The same day Sir Simeon Stuart presented to the House the Bill to prevent the disturbing those of the Episcopal Communion in Scotland; which was read the first time, and ordered a second Reading.

Debates in the House of Commons about the Duke of Marlborough. ; Resolutions against his Grace. ; Laid before the Queen.

Mr. Walpole having been attacked, found guilty, and punished, it was rightly conjectured by the Course of all public Affairs, that the Duke of Marlborough would not escape without a Censure; which seemed necessary to justify his being removed from all his Employments. Accordingly, on Thursday the 24th, the Commons, in a full House, proceeded to take into Consideration the Report of the Commissioners of the public Accompts, and that Part of the said Report, relating to the Duke of Marlborough, which was not perused the Thursday before, was now read, as were also the Minutes of Mr. Cardonnell's Deposition, about Allowances by the Contractors for Bread and Bread-Waggons, taken and produced by the Commissioners of Accompts; and the Translations of the Certificates of two Persons beyond Sea, the one of Jacob de Mercado, the other of Don Manuel Mardosa, relating to the said Allowances. Upon the reading of those Papers there arose a warm Debate, that lasted from 3 in the Afternoon, till near half an Hour past 11 at Night, and in which many Speeches were made for and against his Grace. Sir John Germain was also called in, and, being examined at the Bar, said, in his Grace's Behalf, That the Allowances given to his Grace by the Contractors for Bread and BreadWaggons, were customary Perquisites of the Commander in Chief in Flanders; and as such formerly allowed to Prince Waldeck, under whom Sir John Germain had served. But nevertheless it was resolved by a Majority of above 100 Voices; 1. That the taking several Sums of Money annually, by the Duke of Marlborough, from the Contractors for furnishing the Bread and Bread-Waggons for the Army in the Low-Countries, was unwarrantable and illegal. A Motion being made, and the Question put, That the House do adjourn, it passed in the Negative: After which it was also resolved, by a great Majority, That the Two and an half per Cent. deducted from the foreign Troops in her Majesty's Pay, is public Money, and ought to be accounted for. And That the said Resolutions be laid before her Majesty by the whole House. Accordingly, on Saturday the 26th, the House with their Speaker, laid the said Resolutions before the Queen; who thereupon was pleased to make this Answer — 'I have a great Regard for whatever is represented to me by my Commons; and will do my Part to redress what you complain of.'

Barrier-Treaty called for. ; Bill for stating the public; Accompts ordered. ; State of the War. ; Address about Part of the 35 Millions, &c. unaccounted. ; The Barrier-Treaty laid beefore the Commons.

The Day before, the Commons ordered, that the Report of the Commissioners of public Accounts be taken into Consideration that day seven-night; and resolved to address her Majesty, That the Barrier-Treaty with the StatesGeneral might be laid before them. On the 28th, a Bill was ordered to be brought in, to continue the Act of the last Session of Parliament, for taking, examining, and stating the public Accompts of the Kingdom; for one Year longer; and then Mr. Secretary St. John presented to the House, by her Majesty's Command, A State of the War in Flanders from the Year 1701 to the Year 1711, inclusive; as also States of the War in Portugal and Spain; a State of the Subsidies annually granted by Parliament, and payable to foreign Princes pursuant to the respective Treaties, from the Commencement of the War; and a State of the Sea-Service: Which Papers were ordered to lie on the Table. It was afterwards resolved to address her Majesty, That she would be pleased to direct the proper Officers to lay before the House an Account how much of the 35, 302, 107 l. 18s. 9d. of the Money granted by Parliament and issued for the public Service, to Christmas 1710, which was humbly presented to her Majesty by this House, the last Session of Parliament, to remain unaccounted for, has been since accounted for, by whom, and when; and also what Obstructions have arisen in accounting for the same. The next day, Mr. Secretary St. John presented to the House a Copy of the Treaty between her Majesty and the States-General, for securing the Succession to the Crown of Great-Britain, and for settling the Barrier for the States-General against France, concluded at the Hague, the 29th of October 1709, &c.

Proceedings upon the Bill in favour of Episcopacy in Scotland. ; Mr. Castair's Petition not received.

The same Day, upon reading the Order of the Day, for the House to resolve itself into a Committee of the whole House, upon the Bill to prevent the disturbing those of the Episcopal Comssion in that Part of Great-Britain called Scotland, in the Exercise of their religious Worship, and in the Use of the Liturgy of the Church of England; and for repealing the Act passed in the Parliament of Scotland, entituled, An Act against irregular Baptisms and Marriages; it was Ordered, That it be an Instruction to the said Committee, that they receive a Clause to oblige all Persons who shall take the Benefit of this Act, to pray for her Majesty, the Princess Sophia and the rest of the Royal Family; and that all other Preachers and Teachers in Scotland be obliged to do the same After that a Petition of William Castairs, Principal of the College of Edinburgh, Thomas Blackwell, Professor of Divinity at Aberdeen, Robert Bailie, Minister of Inverness, was offered to the House, relating to the said Bill. And a Motion being made and the Question being put, That the said Petition be brought up, it passed in the Negative. A Motion was then made, and the Question put, That it be an Instruction to the Committee that they receive a Clause to oblige all Persons in Scotland, who have any Office, civil or military, or any Salary, or Place, or Employment of Profit under the Crown, to attend divine Service, according to the Law of Scotland, and to restrain them from going to episcopal Meetings: Which also being carried in the Negative, the House resolved itself into a Committee of the whole House upon the said Bill; and having made some Progress thereon, the House adjourned till the 31st of January.

Account of the Contingencies since the Year 1705, order'd. ; As also the Treaties not yet laid before them.

When having first pass'd the Bill for continuing the Duties upon Malt, they resolv'd to address her Majesty, that an Account might be laid before the House, of all the Money that has been paid by her Majesty for Contingencies, Bread and Bread-Waggons, Forage and all other Extraordinaries, both for the English and foreign Troops in Flanders, Savoy, Italy, Piedmont, Spain and Portugal, since the Year 1705; distinguishing the Charge of each Year; as also the Charge of all Stores, Corn and other Provisions furnished for the Army, the Expence of which has not been deducted from the Pay of the said Troops respectively. As also all the Treaties and Agreements that had been enter'd into between her Majesty and her Allies during the present War, for the raising and augmenting the Proportions for the Service of the War, except such as have been already laid before this House: After which, in a grand Committee, they took into consideration the State of the War, and having made some Progress therein, put off that Business 'till the Monday following.

Amendments in the Bill to repeal the Naturalization-Act, agreed to. ; Account of Prosecutions laid before the House. ; As also Treaties between England and Holland. ; And Estimates of the Forces in Spain and Portugal; and additional Forces in Flanders and Account of Subsidies for the Year 1712. And also other Estimates.

On the first of February, the Lords sent back to the Commons the Bill for repealing the Act for naturalizing foreign Protestants, with some Amendments, to which the Com mons agreed; and then read several Petitions relating to the Trade of Africa, which were refer'd to a Committee of the whole House. The next day, Mr. Attorney-General presented to the House an Account of what had been done on the several Prosecutions, for which the House address'd her Majesty the last Session of Parliament. After this, in a Committee of the whole House, the Commons consider'd and made several Amendments to the Bill in favour of Episcopacy in Scotland; and Mr. Secretary St. John laid before the House, pursuant to their Address of the 31st of January last, a Copy of the Treaty of Concert for the Fleets of England and Holland, concluded at Westminster, the 9th Day of June 1703, with Translations of the same; and acquainted the House, that these were all the Treaties relating to the Proportions for Sea and Land-Service, that were not before the House. Mr. Lynn, from the Secretary at War, did also lay before them Estimates of her Majesty's Forces to serve in Spain and Portugal, or elsewhere; and of the 20000 Men, Troops of Augmentation, and other additional Forces, taken into the Service of her Majesty and the States General, with the Charge thereof, for the Year 1712; and an Account of her Majesty's Proportion of Subsidies, payable to the Allies, pursuant to the Treaties for the Year 1712. Then Mr. Lowndes presented to the House a Schedule of Estimates for the Year 1712; and for 1711, Services voted and enacted, and granted in Parliament for the same, with the Deficiency, and it was order'd, that an Account be laid before the House of the yearly Charge in the Office of the Navy, Victualling, Ordnance and Transports, for carrying on the War in Spain and Portugal; which was done accordingly.

The 4th, the Commons, in a Committee of the whole House, took into Consideration the State of the War, and having examin'd the Treaties presented to them the Saturday before, after a long Debate, came to the following Resolutions.

Resolution of the Commons about State of the War.

'1 That the Sates General have been deficient in their Quota's for Sea-service, in proportion to the Number of Ships provided by her Majesty, some Years two thirds, and generally more than half their Quota.

'2. That towards the carrying on the War in Spain, in order to reduce that Monarchy to the House of Austria, neither the late Emperors, nor his present Imperial Majesty, have ever had any Forces on their own Account there, 'till the last Year, and then only a Regiment of Foot, consisting of two thousand Men.

'3. That the Forces supply'd and paid by her Majesty for the carrying on the War in Spain, from the Year 1705 to the Year 1711, inclusive, amounted to fifty-seven Thousand nine hundred, seventy-three Men, besides thirteen Battalions and eighteen Squadrons, for which her Majesty has paid a Subsidy to the Emperor.

'4. That the Forces supply'd by the States General for the Service of Spain, from the Year 1705 to the Year 1708, both inclusive, have amounted to no more than twelve thousand, two hundred Men, and that from the Year 1708 to this present time they have sent thither no Forces at all.

'5. That her Majesty has not only furnished her Proportion of twelve thousand Men, according to the Treaty entered into for the Service of the War in Portugal, but has taken upon her the Emperor's Proportion, by furnishing two thirds, when the States General only furnish'd one third for that Service.

'6. That by the Treaty with the King of Portugal, there was to be furnished twelve thousand-Foot, and three thousand Horse, at his own Expence; and, in consideration of a Subsidy to be paid him, eleven thousand Foot and two thousand Horse more; notwithstanding which, it appears, that the King of Portugal did not furnish thirteen thousand Men in the whole.

'7. That since the Year 1706, when the English and Dutch march'd into Castile, and return'd no more into Portugal, her Majesty has replaced more than her Share, according to her Proportion, and the States General have not had any Troops in Portugal.

'8. That the first Proportion of three fifths to two fifths, agreed upon between his late Majesty K. William and the States General, for the Service of the War in Flanders, has not been observ'd by the States General.

'9. That the States-General, during the Course of the War, have furnish'd less than their Proportion in Flanders, Twenty thousand, eight hundred, thirty-seven Men.

'10. That the Condition for prohibiting all Trade and Correspondence between Holland and France, on which the Troops of Augmentation were granted in 1703, and afterwards continued, has not been observed by the StatesGeneral.

'11. That, at the beginning of this War, the Subsidies were paid in equal Proportions by her Majesty and the StatesGeneral, but her Majesty has since paid more than her Proportion, three Millions, one hundred, fifty five thousand Crowns.'

These Resolutions were next Day reported by Mr. Conyers, and agreed to by the House; and the same Day, the Bill in favour of Episcopacy in Scotland, was ordered to be engrossed.

The Bill in favour of Episcopacy in Scotland, sent to the Lords. ; Bill to limit the Number of Officers in the House of Commons. ; Petition of Quakers rejected.

On the 7th, the said Bill being read the third time by the Commons, and passed by a Majority of 162 Voices against 17, Sir Simeon Stuart was ordered to carry it to the Lords. The next Day, the Commons ordered a Bill to be brought in for securing the Freedom of Parliaments, by limiting the Number of Officers sitting in the House of Commons; and Mr. Wortley, Mr. Shackerly, Mr. Heysham, and Mr. Onslow, were named to prepare and bring in the same. On the 9th a Petition of the People called Quakers, praying, that in their present Solomn Affirmation an Alteration might be made, by leaving out the Name of God, was offered to the House: But a Motion being made, and the Question put, that the Petition be brought up, it passed in the Negative: After which Mr. Wortley presented to the House the Bill for limiting the Number of Officers, which was read the first time, and ordered a second reading. The Queen being, the same Day, come to the House of Peers, with the usual State, and the Commons being sent for up, and attending, her Majesty gave the Royal Assent to the following public Bills.

1. An Act for changing and continuing the Duties upon Male, Mum, Cyder and Perry, for the Service of the Year 1712; and for applying Part of the Coinage Duties to pay the Deficiency of the Value of Plate coined, and to pay for the recoining the old Money in Scotland.

2. An Act for settling the Precedence of the most excellent Princess Sophin, Electress and Dutchess Dowager of Hanover; of the Elector her Son, and of the Electoral Prince the Duke of Cambridge.

3. An Act to repeal the Act of the seventh Year of her Majesty's Reign, entitled, An Act for naturalizing foreign Protestauts, except what relates to the Children of her Majesty's natural born Subjects, born out of her Majesty's Allelegiance.

4. An Act to make a Causemay over the Denes, from Great Yarmouth to Caister, in the County of Norfolk.

5. An Act for explaining and altering the Laws now in being, concerning the Assizes of Fewel, so far as they relate to the Assize of Billet, made, or to be made, of Beech-wood only.

Address for the Instructions &c. about the Barrier Treaty. ; The Commons vote to stand by the Queen &c. ; And to consider of the Licentiousness of the Press. ; Papers about the Barrier Treaty laid before the House.

On the 11th, the Commons resolved to address the Queen, that all Instructions and Orders given to the Plenipotentiaries, that transacted the Barrier-Treaty, and also all Treaties mentioned and referred to in the said Treaty, might be laid before the House, except such Treaties as were already before the House: Which Address, being presented by Mr. Secretary St. John, was readily complied with. The next Day, the Commons came to an Unanimous Resolution, 'That this House will effectually stand by, and support her Majesty in all things recommended to them in her Majesty's most gracious Speech from the Throne; as also, that they would, upon that Day se'nnight, in a Committee of the whole House, consider of that Part of her Majesty's Message to the House, the 17th of January last, relating to the great Licence taken in publishing false and scandalous Libels: But the Considertaion of this Matter was afterwards put off from Time to Time. On the 13th Mr. Secretary St. John presented to the House, by her Majesty's Command, a Copy of her Majesty's Instructions to the Duke of Marlborough, and Lord Viscount Townshend, about the Barrier-Treaty; Extracts of Letters from Mr. Boyle to the Lord Viscount Townshend, concerning the said Treaty; Differences between the Barrier-Treaty and the Counter-Project; and a Translation thereof: And also a Copy of the Preliminary Articles to a general Peace; signed at the Hague, 28th May, 1709, and a Translation of the same: The Titles of which Copies and Extracts of Letters were read, and referred to the Consideration of the Committee of the whole House. After this, it was resolved, 'To present an Address to her Majesty, that the Letters written by the Lord Viscount Townshend to Mr. Boyle, late one of her Majesty's Principal Secretaries of State, dated the 1st and 26th of November, 1709, might be laid before the House: Which Mr. Secretary St. John did, accordingly, on the 14th. The Commons being by this time furnished with all the Papers relating to the Barrier-Treaty, took the same into Consideration in a full Committee of the whole House, of which Mr. Annesley was Chairman; and tho' it was by many expected that either a Letter, said to have been written, some Days before, by the Baron de Bothmar to one of the Secretaries about the Barrier-Treaty; or the Specific Explanation of the Offers of France, which was brought to Town the 12th of February, and was received with general (fn. 3) Indignation, would have moderated the Censure of that Treaty, yet the Commons thought fit to come to the following Resolutions.

Resolutions against the Barrier-Treaty. ; The Lord Viscount Townshend voted an Enemy to his Country.

'1. That in the Treaty between her Majesty and the States-General, for securing the Succession to the Crown of Great Britain, and for settling a Barrier for the States-General against France, under Colour of securing the Protestant Succession, and providing a sufficient Barrier to the StatesGeneral against France, there are several Articles destructive to the Trade and Interest of Great-Britain, and therefore highly dishonourable to her Majesty. 2. That it appears, that the Lord Viscount Townshend had not any Orders or Authority for Negociating or Concluding several Articles in the said Treaty. 3. That the Lord Viscount Townshend, who negociated and signed, and all those who advised the ratifying of the said Treaty, are Enemies to the Queen and Kingdom: Which Resolutions were on the 16th of February reported by Mr. Annesley, and agreed to by the House.'

Report of Laws expired, or expiring. ; The Election of Sir Henry Bellasis declared void.

The 15th Mr. Cross reported to the Commons the Resolutions of the Committee appointed to examine what Laws were expired, or expiring, and what were fit to be renewed and continued; and the said Resolutions, about preventing Mischiess by Fire; the repairing of Jails, Parish-Offices; and Juries; and small Tythes: being agreed to, a Bill was ordered to be brought in thereupon. After this, LieutenantGeneral Erle presented to the House an Estimate of the Charge of Ordnance, and Stores in Spain, for the Year 1712: which was referred to the grand Committee of the Supply; and then the House proceeded to take into Consideration the Commission to Sir Henry Bellasis, and others; and resolved, 'That he having, since his being elected a Member to serve in Parliament, accepted the Office of one of the Commissioners appointed by her Majesty, to enquire into the Number and Quality of the Forces in her Majesty's Pay in Spain and Portugal, and to examine the Accompts relating to the said Forces, his Election was thereby become void; and ordered Mr. Speaker to issue out his Warrant for a new Writ for the electing a Citizen for the City of Durham, in the room of Sir Henry Bellasis It was likewise ordered, upon this Occasion, That a Committee be appointed to enquire what new Offices or Places of Profit have been created or erected, since the 26th of October, 1705: and whether there are any greater Number of Commissioners made for the Execution of any Office since that time; as also to consider of the Laws in being in relation to Officers sitting in that House. Then a Committee of the whole House took into Consideration the State of the War, and resolved,

Resolutions about the State of the War in Spain and Portugal.

'1. That it hath appeared to this Committee, that the Charge for Transport-Service, in carrying on the War in Spain and Portugal, from the Year 1711, inclusive, amounted to one Million, three hundred thirty six thousand, seven hundred nineteen. Pounds, nineteen Shillings, and eleven Pence.

'2. That it hath appeared to this Committee, that there has been paid by her Majesty, for Contingencies, Bread, and Bread-Waggons, Forage, and all other Extraordinaries, both for the English and Foreign Troops in Savoy, Piedmont, Italy, Spain, Portugal, and Flanders, since the 24th of June, 1705, so far as the same hath been returned from abroad, several Sums, amounting, in the whole, to 3,487,000, and 2s. and 11 d.

'3. That it hath appeared to this Committee, that the Charge of Victualling the Land-Forces for the Service of the War in Spain and Portugal, has amounted to 583,770 l. 8s. and 6d.

'4. That it hath appeared to this Committee, that the Charge of her Majesty's Ships and Vessels, employed in the Service of the War in Spain and Portugal, reckoned after the rate of four Pounds a Man per Month, from the time they sailed from hence till they returned, were lost, or put upon other Services, amounted to 6,540,66 l. and 14s.

'5. That an humble Representation be made to her Majesty, upon the Resolutions of this House, relating to the State of the War, and the Treaty between her Majesty and the States-General, for securing the Succession to the Crown of Great-Britain, and for settling a Barrier for the StatesGeneral against France; and also humbly to desire her Majesty, that she will be pleased to order her Ministers to insist with the Emperor, that the Revenues of all the Territories and Places restored or added to the House of Austria, during this War, (over and above what is necessary for their Defence) may be applied for the carrying on the War in Spain; and to assure her Majesty, that this House will enable her Majesty to bear her Share of any farther Expence, that shall be wanted by Sea and Land, in proportion to what the Emperor and the other Allies shall actually furnish for those Services; and that as to other Parts of the War, to which her Majesty is obliged by particular Treaties to contribute, that her Majesty will, for the future, only furnish Troops, and pay Subsidies, in proportion to what her Allies shall actually furnish and pay.'

Agreed to. ; A Committee to enquire into Abuses in Musters and Hospitals. ; Account of the Pay of the Generals, &c. called for. ; Bills to prevent corrupt and irregular Elections ordered to be brought in.

These Resolutions were by Mr. Conyers reported on the 18th, and, with an Amendment to one of them, agreed to by the House; and a Committee was appointed to draw up the said Representation, according to the said Resolutions, and, upon the Debate of the House, nother Committee was appointed to consider of the Abuses committed in Musters and Cloathing of the Army; and also the Abuses relating to the Hospitals abroad; and then, in a Committee of the whole House, the Commons considered of the Supply; after which they resolved to address her Majesty, that a Particular might be laid before the House, of the Pay to the General Officers, and for Waggon and Forage-Money in Flanders. The same Day, the seventh Section of the Act of the seventh Year of his late Majesty's Reign, relating to the multiplying Voices to vote in the Elections of Members to serve in Parliament, being read, a Bill was ordered to be brought in for the more effectual preventing fraudulent Conveyances, in order to multiply Votes for electing Knights of Shires to serve in Parliament. Another Bill was also ordered to be brought in for preventing irregular and corrupt Proceedings in the Elections of Citizens and Burgesses to serve in Parliament.

Sir James Wishart's Commission called for. ; Bill for the Ease of Insolvent Debtors.

The next Day, the Commons ordered, that the Commission to Sir James Wishart to treat with the States General, in relation to the Quota's for this Year's Service by Sea, be laid before the House; and having ordered a Bill to be brought in for the Ease of Insolvent Debtors, Mr. Campion, from the Commissioners of the public Accompts of the Kingdom, acquainted the House, that they had taken several Depositions and other Papers relating to the Matters in their Report, which he presented to the House. Then the Order of the Day was read, for taking into farther Consideration the said Report: And the said Depositions and Papers were also read, viz. Minute of Sir Solomon de Medina's Deposition about auditing his Accompts of Bread and Bread-Waggons; Mr. Blathwayt's Deposition relating to Contracts for Bread and Bread-Waggons in Flanders; Deposition of Robert Sambee, Clerk to Mr. Cardonnel; Deposition of Mr. Henry Sheldon, sometime Clerk to Mr. Cardonnel; Sir Alexander Murray's Order to Sir David Dalrymple, Lord Advocate, and Mr. Thomas Buchanan's Deposition; Mr. John Montgomery's Deposition, touching the two hundred Pounds paid Sir David Dalrymple, on the Forage Contract; Mr. Montgomery's Deposition, touching the one hundred Guineas given by the Forage Contract to the Earl of Leven; Deposition of William Levingston Esq; touching an Allowance of one hundred Guineas to the Commander in Chief in North Britain, by the Commissioners for Forage: And those Parts of the said Report, which related to Mr. Cardonnel, and Sir David Dalrymple therein named, were read; and Mr. Cardonnel was heard in his Place; and then he withdrew. After a long Debate it was resolved by a Majority of 125 Voices against 99,

Resolutions against Mr. Cardonnel.

'1. That the taking a Gratuity of five Gold Ducats, annually, from the Contractors for Bread and Bread-Waggons for the Army in the Low Countries, by Adam Cardonnel Esq; (Secretary to the General there) a Member of this House, was unwarrantable and corrupt.

'2. That the said Adam Cardonnel Esq; be for the said Offence, expelled this House.'

And against Mr. Sweet.

Sir David Dalrymple was heard in his Place, and then that Part of the said Report was read, which related to Mr. Sweet, Deputy Pay-Master at Amsterdam, after which it was resolved, That the one per Cent. received by Mr. Sweet, Deputy-Pay-Master at Amsterdam, upon the Payments made by him to the Contractors for furnishing Bread and BreadWaggons, in the Low-Countries, is public Money, and ought to be accounted for; and ordered, that the said Report of the Commissioners of Accompts, together with the Examinations and Depositions relating thereunto, with the Resolutions of this House thereupon, and her Majesty's gracious Answer to the Resolutions laid before her, be printed.

Treaties about the hiring of Troops called for.

The 20th, the Commons in a Committee of the whole House considered further of the Supply, and having made some Progress in that Matter, the House resolved to address her Majesty, That all Treaties or Conventions, for the hiring foreign Troops in her Majesty's Pay and Service, be laid before the House.

Account of the remaining Part of the 35 Millions, &c. accounted for. ; Resolutions about the Supply.

On the 21st, Mr. Auditor Harley presented to the House, an Account of how much of the 35302,107 l. 18s. 9d. had been accounted for, before the Auditors of the Imprests, since the Report of the Committee of Parliament in April 1711; by whom, and when, and what Obstructions had arisen in accounting for the same; and a Certificate from the Auditor of the Imprest, how far the Imprest-Accomptants had passed their Accompts: Which Papers were ordered to lie on the Table. The next day, the House in a grand Committee about the Supply, came to the following Resolutions:

1. That the forty thousand Men, raised to act in conjunction with the Forces of her Majesty's Allies, be continued for the Year 1712

2. That the additional Forces of ten thousand Men, taken into her Majesty's Service in the Year 1703, be continued for the Year 1712.

3. That a farther Number of additional Forces in the Low-Countries be continued for the Service of the Year 1712, not exceeding fifteen thousand one hundred seventy eight Men, upon Condition that the States-General do agree to add to such additional Forces the Proportion of three Fifths to two Fifths.

4. That eight hundred eighty six thousand two hundred twenty three Pounds, eighteen Shillings and Six-pence, be granted for maintaining the said forty thousand Men, for the Service of the Year 1712.

5. That one hundred seventy seven thousand five hundred and eleven Pounds, three Shillings and Six-pence, be granted for maintaining the said ten thousand additional Forces, for the Service of the Year 1712.

6. That so much Money as now is, or, before the first day of August 1712, shall be desicient to complete the quarterly Payments of the Annuities, amounting to eighty thousand Pounds per Annum, purchased upon an Act of the sixth Year of her Majesty's Reign, and charged upon the Half-Subsidies of Tonnage and Poundage, to arise by several Acts thereinmentioned, be supply'd, and made good.

7. That so much as is, or shall be desicient to complete the quarterly Payments of the Annuities, amounting to forty thousand Pounds per Annum, purchased upon another Act of the sixth Year of her Majesty's Reign, and thereby charged upon several Overplus Moneys therein-mentioned, be also supply'd and made good from time to time.

8. That fifty Pounds per Annum, be added to the Fund settled by an Act of the last Session of Parliament, whereby (amongst other things) a Rent of ten Shillings a Year is payable upon licensing Hackney-Chairs, towards the Payment of the Principal and Interest-Moneys therein-mentioned.

9. That the said additional Sum, not exceeding fifty Pound per Annum, be raised during the Continuance of the said Act. Which Resolutions were reported, and agreed to the 23d.

Account about Remittances of Money called for. ; The Officers Bill sent to the Lords. ; The Barrier Treaty, &c. ordered to be printed. ; Bill to hinder the Growth of Popery ordered to be brought in.

The day before, the House resolved to address her Majesty, That an Account be laid before them, of the Remittances of Money for the foreign Service during this present War, at what Rates, and upon what Terms and Conditions the same Remittances had been made; and the next day, the Bill for securing the Freedom of Parliaments, by limiting the Number of Officers in the House of Commons, was read the third time, passed, and sent to the Lords. Three days after, the Commons ordered, That the Barrier-Treaty, and the Extracts of Letters, and other Papers relating thereunto, which had been laid before the House, be printed. And the same day, a Bill was ordered to be brought in, to hinder the further Growth of Popery, by more effectually preventing the foreign Education of the Children of Popish Parents; and for enforcing the Laws against Popery: And the Earl of Hertford, Mr. Onflow, and Mr. Sharpe, were appointed to prepare and bring in the same.

Footnotes

1 The said Bill was brought into the House of Lords by the Earl of Nottingham, who was said to have joined the Whigs on Condition that it should pass.
2 It is here to be observed, that, towards the end of December, a Motion having been made in the House of Lords, by the Duke of Devonshire, for bringing in a Bill to settle the Precedence of the most Illustrious House of Hanover in Great-Britain: When the Peers met again on the 17th of January, the Lord High-Treasurer, who was glad of an Opportunity to express his Zeal and Affection for the Protestant Heir, presented to that House a Bill entitled, An Act for settling the Precedence of the most excellent Princess Sophia, Electoress and Duchess Dowager of Hanover, of the Elector her Son, and the Electoral Prince the Duke of Cambridge: This Bill was that Day read twice by the Lords; and the third time the next Morning; and by the Lord Chief-Justice Parker, and Mr. Justice Eyre, carried down to the Commons, who read it three times, without any Interruption, and having resolved that it should pass Nemine Contradicente, sent it back to the Lords by Mr. Secretary St. John.
3 The public Funds sunk 3 or 4 per Cent. on this Occasion.